Mesothelioma Help

Most people with mesothelioma are entitled to compensation.
Segelov Taylor specialises in maximising compensation for people with mesothelioma and other asbestos diseases in all states of Australia. We act on a no win, no fee basis in all asbestos disease claims.

We provide free initial advice with a
No Obligation Case Assessment.

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Most people with mesothelioma can make a claim at common law. A common law claim is a claim in court for lump sum compensation. A claim is commenced by filing a Statement of Claim in court.

All States have developed specialised processes to deal with mesothelioma claims. In New South Wales claims are filed in the Dust Diseases Tribunal, a specialist court which has special rules of evidence and procedure to expedite claims. In other States, claims are brought in special lists in the Supreme Court or District Court to ensure that the needs of people with mesothelioma are addressed.

Most claims are brought against a former employer, manufacturer of asbestos products or an occupier of a building. If the employer no longer exists a claim can be made against the employer’s workers’ compensation insurer.

In all States matters proceed to a pre-trial or court appointed settlement conference or a mediation to see if the matter can be resolved prior to the hearing.

Most claims settle at mediation or after mediation but before the trial. If a matter proceeds to hearing, then in most jurisdictions evidence in chief can be given by way of Affidavit. If you are not well enough to travel, then your evidence will be taken at your home or hospital.

The courts will do everything possible to finish a claim in your lifetime. However, if you die before your claim is finished then provided the claim was filed in court in your lifetime, the claim can be continued by your estate at full value.

If you were exposed to asbestos during the course of employment in New South Wales, then you can make a claim at common law as well as receive a pension and have your medical and other expenses paid by the Dust Diseases Authority.

Book a Free Case Assessment

Start the compensation process by arranging a free case assessment.

In the free initial case assessment we will obtain general information and provide preliminary advice on whether we believe you are likely to have a claim for compensation, the value of any claim and our costs in the event you were to instruct us.

The case assessment is usually via phone (we will call you at the arranged time) or by video conference (such as Zoom or Teams).

There is no cost associated with this case assessment, nor any obligation to instruct us in your matter.

Date and Time for Case assessment.

Obtain a Mesothelioma Compensation Information Kit

We provide a free Mesothelioma Compensation Information Kit about compensation options for people with mesothelioma.

The Kit contains information about the processes for obtaining compensation, likely costs and the amount of compensation available. As the compensation process depends on which State (or States) a person was exposed to asbestos in, we have different Kits for each State..

There is no obligation or cost assoicated with the  Kit. All details provided will remain confidential.

The Kit can be provided to parent, spouse or loved one who has mesothelioma and is considering making a compensation claim.

We can send the kit by mail or email. If you have any questions about the kit please contact us on 1800 430 855. Please fill out this form to receive your kit.
How would you like the kit sent to you?
Have you or a family member been diagnosed with mesothelioma or other asbestos disease?
Address (We will send you the kit in the mail)

Tanya Segelov

Tanya Segelov is a national leader in mesothelioma compensation.

Since she started acting for people with mesothelioma and other asbestos diseases in the 1990’s she has been responsible for some of the most significant cases and developments in the area.  She is consistently ranked as a leader in the area by other lawyers.

During her career, Tanya has:

  • acted for the asbestos campaigner, the late Bernie Banton in both his claims against James Hardie;
  • obtained the first verdict against James Hardie on behalf of a person suffering from mesothelioma exposed to asbestos during home renovations;
  • obtained the highest award for general damages ever made by a judge in a mesothelioma case in Australia;
  • run the first mesothelioma case that went to judgment in Western Australia for over 15 years;
  • been responsible for numerous other developments to the law that have expanded access to compensation and increased the compensation obtained by sufferers and their families.

Contact Tanya by email, or on 0499 224 958

Client Stories & Testimonials

5/5
I cannot thank David Taylor enough for the professional way he helped me through a tricky situation with a will dispute. I didn't know who to turn to, and from the moment I enquired through the Segelov Taylor website, David was extremely helpful and very understanding. A reasonable fee structure too. I would have no hesitation in recommending David Taylor and Segelov Taylor to anyone. Thank you
A knowledgeable team who worked tirelessly and thoroughly through my case even with an extended timeline. When it came time to reach a settlement they pushed to get the very best for me. Thankyou Tanya, David and the rest of the team
David Taylor got me through what could have been a rough time with regards to my family estate proceedings.  I had no idea of where to start, and was guided by David.  He was so approachable, always at the end of the phone to answer questions, and, was a strategic professional to have on my side. My outcome was favourable and I cannot thank him enough.  During the process I needed support, and he comforted me with his knowledge. I hope to remain a friend of this brilliant lawyer. He fights for your rights.
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Segelov Taylor client Tony Biddle discusses the process of making a claim in respect of his condition of mesothelioma. 

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Common Questions

Courts in all states in Australia generally expedite all mesothelioma claims. 

The claims can be completed very quickly, particularly when the plaintiff is very sick.  In some cases, claims have been started and finished within a week. 

When normal expedition applies, claims usually take between three and six months to complete after the claim is filed. 

  1. The first step is to meet with Tanya or David who will take a detailed history, including as to where you were exposed to asbestos and provide you some initial advice.  We will provide a costs disclosure and some authorities enabling us to obtain detailed information.
  2. We will then conduct some further enquiries to confirm the diagnosis and more more information about who may be liable.  We will provide detailed advice on a claim and may seek your instructions to begin a common law claim (the process in Qld is slightly different as a Workcover claim will usually be made at this stage). 
  3. If you so instruct, we will commence proceedings on your behalf .  At this stage, the general damages are protected for the benefit of your estate.
  4. There will be a process of further investigations, and information exchange with the defendant.  This process is different in each state.
  5. We will put an offer to the other side to settle the claim.
  6. The matter will proceed to a settlement conference, also known as a mediation.  Most matters settle at or around this time, although if they do not, they can settle at any later stage as well.
  7. If your matter does not settle at or around mediation, your claim will proceed to a court hearing.  Following a hearing the judge will issue a judgment as to liability and the amount of compensation to be paid.

Provided the claim has been commenced in your lifetime, full damages are available. 

Historically, a claim needed to be completed in a person’s lifetime to recover damages for pain and suffering which is usually the most significant part of a claim.  However, the law has been changed over the last 15-30 years in all states so that as long as proceedings are filed in your lifetime, rights are preserved.  Your estate can continue your claim and recover damages for pain and suffering and loss of expectation of life.  The entitlement to some compensation, primarily future economic loss may be affected. 

We act on a “no win/no fee” basis which means we will only recover our fees if you are successful in your claim. 

You will not be charged any money up front. We will pay all of the disbursements incurred in litigating your claim and we will recover the disbursements and our costs billed on a time basis at the successful completion of your claim.  

The defendant will normally pay most (70-80%) of the legal costs as part of a settlement or following a judgment.

We will issue a costs disclosure as soon as possible after taking instructions.  The disclosure will set out our estimate of likely fees.  Please see our article on fees in mesothelioma claims below.

A common law claim is a claim in a court for lump sum compensation. A claim is normally brought against a former employer, occupier of a building or manufacturer of asbestos products. For a person suffering from mesothelioma or lung cancer a claim usually takes 3 to 6 months to complete but can proceed more quickly if required. 

All States have developed specialised processes to deal with dust diseases claims. In Victoria and South Australia there are special lists of the Supreme and District Court to ensure they are dealt with expeditiously.  In New South Wales, a specialist court known as the Dust Diseases Tribunal of New South Wales has special rules of evidence and procedure to expedite mesothelioma and other dust disease claims. 

Icare is the NSW Workers Compensation authority, and is relevant only if you were exposed to asbestos as a worker in NSW. Part of Icare is known as icare dust diseases and provides compensation for people with mesothelioma who have been exposed to asbestos in the course of employment in New South Wales. ICare used to be known as the Dust Diseases Authority, and before that, for many years, as the Dust Diseases Board. 

There is no corresponding body in any other state. The workers compensation authorities in Queensland and Tasmania are relevant where exposure has occurred as a worker in those states, and the DVA is relevant where exposure occurred in the armed services. 

Icare compensation is in the form of fortnightly pension payments as well as paying all related medical, hospital, pharmaceutical, nursing and other expenses. f you die as a result of a dust disease your dependant may also be eligible for a lump sum payment and an ongoing pension.  Your estate will also receive funeral expenses of p to $15,000.00.  

An application to the icare is an administrative process and is separate and in addition to a claim at common law. 

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Yes.  That is one of the things that is ordinarily compensated.

As part of a common law claim a court will award reasonable medical expenses.  A recent decision in a Segelov Taylor matter in the Supreme Court of Western Australia confirmed that new forms of treatment for mesothelioma as prescribed by the treating oncologist were reasonable and the defendant was ordered to pay for the cost of the treatment which amounted to $60,000.00. 

People who are entitled to a benefit from Icare (where exposure was as a worker in NSW) is accepted are able to claim the cost of treatments recommended by a treating oncologist. 

While the law is different in different states, all Australian states have amended the law so that there is no time limit in which to commence a claim. However, in order to recover damages for pain and suffering and loss of expectation of life, the claim must be commenced in the person’s lifetime. 

Your entitlement to bring a claim arises from where you were exposed to asbestos, not where you now live.  We have acted for many clients who have moved from Australia and have lived in New Zealand, the United Kingdom, the United States, Greece, and other countries when they have developed mesothelioma. 

We maintain relationships with lawyers in many countries which enables us to effectively represent overseas based clients. 

We can assist.

Your entitlement to bring a claim arises from where you were exposed to asbestos, not where you now live.  We have acted for many Australian migrants who develop mesothelioma and who lived in the United Kingdom and other countries where they were exposed to asbestos.  

We maintain relationships with lawyers in many countries which enables us to effectively represent these clients. 

Exposure to asbestos can have occurred in a wide variety of settings – both at work and outside work.  We are expert at working with a client to identify possible periods of exposure, and then locating witnesses and other evidence that can confirm and corroborate exposure. 

In order to bring a claim, we need to identify exposure to asbestos.  On many occasions we have been able to locate and prove exposure to asbestos that caused disease notwithstanding the client’s initial instructions being that they could not recall any exposure. 

For more information see our article Working out where you were exposed to asbestos. 

You can claim compensation.

From a legal perspective, the answer is that each exposure caused the disease. Expert evidence accepted by Courts in Australia is that each exposure that is not de minimis (A legal term meaning too small to be meaningful or taken into consideration) and which occurred in the latency period (at least 10 –20 years prior to exposure) is a cause of any mesothelioma which later develops.

The expert evidence accepted by the Court is the “single fibre theory,” the theory that there was one fibre that caused the disease, is wrong. Instead, the disease is caused by the cumulative effect of all exposures. 

If you have been exposed in multiple places you can obtain full compensation by suing in respect of any of the places you were exposed. You cannot ‘double-dip’ and sue for a second place of exposure. Typically, “cross-claims” will occur if you have been exposed at multiple places, which operates to share the costs of compensation among the defendants.  

Icare compensation and common law claims are provide different compensation.  

Almost everyone who receives compensation from icare Dust Disease Care would be entitled to additional compensation by way of a common law claim. These claims do not impact or reduce the icare benefit and are generally worth significantly more than the icare benefit. 

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Date and Time for Case assessment.

Request Mesothelioma Compensation Information Kit

How would you like the kit sent to you?
Have you or a family member been diagnosed with mesothelioma or other asbestos disease?
Address (We will send you the kit in the mail)